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DocuSign Envelope ID:2E150770-7335-4B4E-BDA7-47D76E2FC4C6 <br /> COMMERCIAL GENERAL LIABILITY <br /> CGL 088(10 13) <br /> (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the <br /> "product withdrawal", or you announce to the general public, your vendors or to your employees <br /> (other than those employees directly involved in making the determination) your decision to <br /> participate in the "product withdrawal", whichever comes first. <br /> e_ "Product withdrawal expenses" incurred to withdraw"your products" which contain: <br /> (1) The Sarre"defect"will be deemed to have arisen out of the same"product withdrawal"; or <br /> (2) A different"defect"will be deemed to have arisen out of a separate"product withdrawal" if newly <br /> determined or ordered in accordance with paragraph 1.b of this coverage. <br /> 2. Exclusions <br /> This insurance does not apply to "product withdrawal" expenses" arising out of: <br /> a. Any"product withdrawal" initiated due to: <br /> (1) The failure of"your products"to accomplish their intended purpose, including any breach of <br /> warranty of fitness, whether written or implied. This exclusion does not apply if such failure has <br /> caused or is reasonably expected to cause"bodily injury" or physical damage to tangible <br /> property. <br /> (2) Copyright, patent, trade secret or trademark infringements; <br /> (3) Transformation of a chemical nature, deterioration or decomposition of"your product", except if it <br /> is caused by: <br /> (a) An error in manufacturing, design, processing or transportation of"your product; or <br /> (b) "Product tampering". <br /> (4) Expiration of the designated shelf life of"your product". <br /> b. A"product withdrawal", initiated because of a"defect" in "your product" known to exist by the Named <br /> Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part <br /> or prior to the time"your product" leaves your control or possession. <br /> c. Recall of any specific products for which "bodily injury" or"property damage" is excluded under <br /> Coverage A- Bodily Injury And Property Damage Liability by endorsement. <br /> d. Recall of"your products"which have been banned from the market by an authorized govemment <br /> entity prior to the policy period. <br /> e. The defense of a claim or"suit" against you for"product withdrawal expenses". <br /> 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In <br /> The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV—COMMERCIAL <br /> GENERAL LIABILITY CONDITIONS: <br /> e, Duties In The Event Of A"Defect" Or A"Product Withdrawal" <br /> (1) You must see to it that we are notified as soon as practicable of any actual, suspected or <br /> threatened "defect" in "your products", or any governmental investigation, that may result in a <br /> "product withdrawal". To the extent possible, notice should include: <br /> CGL 088(10 13) Includes copyrighted material of the Insurance Semites Office, Inc.,with its permission. Page 5 of 16 <br /> Copyright 2013 FCCI Insurance Group <br />